OFFICE OF THE JUDGE PRESIDENT

1 OFFICE OF THE JUDGE PRESIDENT gauteng DIVISION OF THE HIGH COURT OF SOUTH AFRICA P O Box 442, PRETORIA 0001 - Tel 012- 314-9003 - Fax 012-326-4940 Palace of Justice, Church Square, Room 13, First Floor, Pretoria Private Bag X7, JOHANNESBURG 2001 - Tel 011- 335-0479 - Fax 086-207-1291 c/o Pritchard and Von Brandis Streets, Room 510, Fifth Floor, Johannesburg E-mail: 11 June 2021 To:- 1. Judges - gauteng Division of the High Court, Pretoria and Johannesburg 2. Chief Registrar - gauteng Division of the High Court, Pretoria and Johannesburg 3. Secretariat Judicial Case Flow Management, OFFICE of the Chief Justice 4. Registrars - gauteng Division of the High Court, Johannesburg and Pretoria 5. Legal Practice Council gauteng 6. Law Society of South Africa 7. Johannesburg Society of Advocates 8. Pan African Bar Association of South Africa 9. gauteng Family Law Forum 10. gauteng Attorneys Association 11. Pretoria Attorneys Association 12. Johannesburg Attorneys Association 13.

2 West Rand Attorneys Association 14. South African Black Women in Law 15. South African Women Lawyers Association 16. General Council of the Bar of South Africa 17. National Bar Council of South Africa 18. South African Bar Association 19. National Forum for Advocates 20. Pretoria Society of Advocates 21. North gauteng Association of Advocates 22. Church Square Association of Advocates 23. Advocates for Transformation 24. Black Lawyers Association 25. South African Medical Malpractice Lawyers Association 26. Personal Injury Plaintiff Lawyers Association 27. National Association of Democratic Lawyers 28. OFFICE of the Director of Public Prosecutions, Pretoria and Johannesburg 29. OFFICE of the State Attorneys, Pretoria and Johannesburg 30. CEO Legal Aid South Africa 31. CEO Road Accident Fund 32. CEO PRASA 33. Director General gauteng Province 34. Head of Legal department department of health gauteng Province 35. South African Medico-Legal Association 36. Solicitor General JUDGE PRESIDENT S PRACTICE REVISED DIRECTIVE 1 of 2021 This Directive is a revision and amplification of JUDGE PRESIDENT s Practice Directive 1 of 2021, issued on 18 February 2021.

3 The prescribed forms referred to throughout this Directive are enclosed herein. This Revised Directive is effective immediately upon publication on 11 June 2021. This Directive refers to two Parts, , Part A and Part B. Part A relates to the Case Management, Trial Allocation and Enrolment of Civil Trial matters and Part B relates to the Issuing of Process, electronic service and filing of Practice notes and Heads of Argument. PART A:- TO REGULATE THE CASE MANAGEMENT, TRIAL ALLOCATION AND ENROLMENT OF TRIAL MATTERS WITH EFFECT FROM 18 FEBRUARY 2021 IN THE gauteng DIVISION OF THE HIGH COURT, PRETORIA AND JOHANNESBURG. CHAPTER 1: THE SCOPE OF APPLICATION OF THIS DIRECTIVE 1. This directive is to be read with Uniform Rules of Court 36, 37 and 37A, as amended and published in Government Gazette Notice 42497, which are in force from 1 July 2019 as well as the Revised Consolidated Directive of 18 September 2020 (issued on 11 June 2021) relating to court operations during the COVID-19 pandemic, for as long as the Consolidated Directive remains in force and effect.

4 2. The scope of the directive is as follows: This directive applies to both the Pretoria High Court seat and to the Johannesburg High Court seat of the gauteng Division. The provisions of this directive prevail over any provision in the practice manuals of either seat of the Division. Different parts of this directive apply to different categories of cases. All trial matters in which the Defendant is the Road Accident Fund or PRASA or the MEC for health , gauteng , are classified Y and are subject to the prescribed Judicial Case Management procedure and other directives set out herein. All other trial matters constitute the categories - Commercial C , Family F , Delictual D, and Public Law P in respect of which chapter 7 shall apply. All trial matters in all categories are subject to the provisions of paragraphs 5-6, and 10-39. CHAPTER 2: INTERPRETATION OF THIS DIRECTIVE 3. This directive shall be construed and applied in accordance with the principle that notwithstanding the provisions herein providing for judicial case management, the primary responsibility remains with the parties and their legal representatives to prepare properly, to comply with all Rules of Court, the practice manual and this directive and to act professionally in expediting the matter towards trial and adjudication.

5 The objectives of judicial case management in the interests of justice are to alleviate congested trial rolls and to address the problems which cause delays in the finalisation of cases. The principle underpinning judicial case management in this division is that trial dates will be allocated to matters that have a clearly identified triable issue(s). Any failure by a party to adhere to the principles in this directive may be penalised by way of an adverse costs order on a punitive scale, de bonis propriis, and may further include an order disallowing fees to be charged to a litigant by that litigant s own legal practitioners. 4. A process flow chart in relation to the practical compliance and implementation of this Directive is included at the end of this Directive. CHAPTER 3: PROCEDURE AT COMMENCEMENT OF AN ACTION APPLICABLE TO ALL TRIAL MATTERS WITH EFFECT FROM 18 FEBRUARY 2021. 5. At the time a summons is issued: The Plaintiff shall, together with the summons, present to the Registrar, in the prescribed form: a statement that the matter is one in which the Defendant is the RAF, or the MEC health , gauteng or PRASA whereupon the Registrar shall add to the case number the letter Y , or a statement that the matter does not involve any of the above-named Defendants, and further, shall classify the matter as: (1) a Commercial matter C , or (2) a Family law matter F , or (3) a Delictual matter D , or (4) a Public law matter P.

6 (A constitutional or administrative law matter) the details of an email address and contact person to whom all communications in terms of this paragraph shall be sent. the Registrar shall maintain a record and schedule of the different categories of cases, and routinely report such statistical information as the JUDGE PRESIDENT directs. The Plaintiff shall, upon filing the return of service of the summons, in the prescribed form, state: the date, in terms of the Rules of Court, upon which the notice of intention to defend is due. the date, in terms of the Rules of Court, upon which a plea is due if notice of intention to defend was given on the date mentioned in paragraph A Defendant shall, upon delivering a notice of intention to defend, in the prescribed form, furnish details of an email address and contact person to whom all communications in terms of this paragraph shall be sent. A Plaintiff is generally entitled, in terms of the Rules of Court, to proceed to seek a default judgment where a Defendant fails or refuses to file a notice of intention to defend or fails or refuses to file a plea.

7 In such instances and with respect to Y matters, the Plaintiff must comply with paragraphs and hereunder. Where the Defendant fails or refuses to file a notice of intention to defend, a Plaintiff must apply to the Registrar for a date in the Trials Interlocutory Court in terms of Chapter 8 of this directive, to make application to obtain Judgement by default as contemplated in Chapter 6 of this directive. Upon being satisfied that the application is compliant, having regard to a written declaration by the attorney of record that service was effective, a copy of the return of service being attached, and that the prescribed dies expired on a stipulated date before the request for a set-down date, the Registrar must allocate a date in the Trials Interlocutory Court and notify the parties accordingly. Where the Defendant in category Y has filed a notice of intention to defend but has failed or refused to file a plea, and the Plaintiff has served and filed a notice of bar in terms of the Rules of Court, the Plaintiff must follow the procedure set out in paragraph above.

8 In the matters referred to in this paragraph, strict compliance with paragraphs 30, 31 and 32 shall be enforced. CHAPTER 4: PROCEDURE TO PREPARE FOR A CASE MANAGEMENT CONFERENCE FOR MATTERS IN WHICH THE DEFENDANT IS THE RAF OR THE MEC health , gauteng OR PRASA - CATEGORY Y . 6. The underlying principle that governs the Judicial Case Management regime is that the procedure applies to matters where both parties have engaged each other thus far regarding the requisite pre-trial procedures. A matter in which only one party has been active in this regard shall be dealt with in terms of Chapter 6 below. 7. A party who contends that any matter in which the Defendant is the RAF, or the MEC health , gauteng or PRASA, (category Y ) is ripe to be allocated a trial date, excluding the matters dealt with as referred to in paragraphs , and , shall: apply, in the prescribed form to the designated Registrar for a case management conference, and together with such application, deliver to the Registrar a practice note by the attorney or Counsel dealing fully with these issues: the issues in the case that are not in dispute, and in respect of which by reason thereof no evidence shall be allowed at the trial.

9 The issues in the case that are in dispute, describing: the exact nature of the disputes of fact and disputes of law, the exact contentions of each party in respect of that issue. The descriptions required in paragraphs and shall not be vague generalities, but shall be concrete and facilitate a clear grasp of the decisions a court shall be required to decide. 8. Upon such application being lodged in terms of paragraph , the Registrar shall notify all parties, by email: of the date, time and place of a case management conference, of the identity of the designated JUDGE , if known at that time, that the parties must, if not already having done so, hold a pre-trial conference before the date fixed for the conference, which conference shall address all the questions identified in paragraph 12-13 of this directive, that the Plaintiff shall not later than the Thursday before the date fixed for the conference, invite the relevant OFFICE profile: to the Court file as uploaded on CaseLines in accordance with the prescribed format as set out in Part B, paragraph 7.

10 The Court file must be suitably sectioned, ordered, and bundled in a logical chronological order, containing legible copies of every document (uploaded as an individual document, appropriately described and without duplication) as follows: under "01 Master bundle" with separate sections: for pleadings - a full set of the pleadings, for pre-amended pleadings a full set of pre-amended pleadings, for notices - all notices, for discovery - the discovery affidavits of all parties with a statement that discovery is complete, alternatively if not complete, a full explanation why not, and what steps are necessary to achieve completion, for expert reports - a set of the expert reports, as contemplated in Uniform Rule 36(9)(b), which reports conform to the following: (a) expert reports must be drafted in a format designated for lucidity, brevity, and convenient cross-referencing. To this end, it must be in numbered paragraphs.